Question

Original document is the best evidence - Exception to this rule is contained in

• A. Indian Evidence Act
• B. Criminal Procedure Code
• C. Bankers Book Evidence Act
• D. None of these

Hint:

Remember that while the Evidence Act (S. 65) provides general exceptions to the best evidence rule, special acts like the Bankers' Books Evidence Act, 1891, and the Information Technology Act, 2000 (for electronic records), create specific and important exceptions for practical purposes.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The "best evidence rule" is a fundamental principle of evidence law, which states that the original of a document (primary evidence) must be produced to prove its contents. The Indian Evidence Act codifies this in Section 64. However, there are several exceptions to this rule where secondary evidence is allowed. The question asks for a specific statute that contains an exception.
Step 2: Detailed Explanation:
- Indian Evidence Act: While the Indian Evidence Act itself contains the rule, it also contains the primary exceptions to it. Section 65 lists the cases in which secondary evidence relating to documents may be given. So, technically, this option is also correct, but the question seeks a more specific statutory exception.
- Bankers' Books Evidence Act, 1891: This is a special statute created precisely to provide an exception to the best evidence rule for banks. It would be highly inconvenient for banks to produce their original ledgers and books in court for every case. Therefore, Section 4 of this Act allows a certified copy of any entry in a banker's book to be received as prima facie evidence of the existence of such entry. This makes it a clear and significant exception to the rule requiring the production of the original document.
- Criminal Procedure Code: This is a procedural law and does not primarily deal with the rules of evidence in this context.
Given the options, the Bankers' Books Evidence Act is the most specific and appropriate answer as it is a standalone law creating a major exception to the best evidence rule for a particular class of documents.